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OC with IWB Holster

N

NRedmond

Guest
Anyone have any experience with it? I have been researching it to make sure it is ok legally and the only thing I can find in the ORS 166.250 is the part referring to "(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section."

Is an IWB holster considered a "belt holster"?

From what I see I would think, it is legal.

photo 1.jpg
 
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Xader

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Jul 30, 2009
Messages
70
Location
, Oregon, USA
Just as much of the firearm is readily visible as would be with an OWB, so I wouldn't see why not.

And the clips attach to your belt, don't they? :D
 
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N

NRedmond

Guest
Haha yes it does, that's kinda what I was thinking. Thanks for the reply!
 

We-the-People

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Can you say "test case"? The language of the law is "openly in belt holsters"......someone will say it's not openly when it's inside your waistband and some idiot judge will agree.
 
N

NRedmond

Guest
That's true. I'm not sure I'm gonna risk it... Might just go with an OWB.
 

rushcreek2

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If you prefer an IWB - A Don Hume leather IWB with thumb-break. The top of the holster shows a little above the belt-line , and of course the leather thumb-break evidences the holster as well.
 
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tattedupboy

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Gary, Indiana, USA
Just remember that no one can ever question whether you're legally carrying openly if it's in an OWB holster.

Sent from my Galaxy Nexus using Tapatalk 2
 

hermannr

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Okanogan Highland
Anyone have any experience with it? I have been researching it to make sure it is ok legally and the only thing I can find in the ORS 166.250 is the part referring to "(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section."

Is an IWB holster considered a "belt holster"?

From what I see I would think, it is legal.

View attachment 10056

If it is visible, and in a holster, why not...OR is not Mississippi, where their courts have said you can open carry, but the WHOLE pistol must be visible.

Personally do not like IWB holsters, I think they are uncomfortable, but if that is what you own, why not just tuchk you shirt behind the weapon.
 

45 Fan

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Feb 17, 2012
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Oregon
I am going to say it is not 'openly carried' the word 'open' kind of suggests it is not covered in anyway or blocked from view. IWB holsters do hide the gun more then most OWB holsters..
 

Gunhobbit

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Out by Pendleton
Can you say "test case"? The language of the law is "openly in belt holsters"......someone will say it's not openly when it's inside your waistband and some idiot judge will agree.

This.

You'd *possibly* win the case, maybe even likely, but you would still end up paying your attorney a lot more than a good OWB holster would cost. Why take the risk?
 

MKEgal

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in front of my computer, WI
Xader said:
Just as much of the firearm is readily visible as would be with an OWB, so I wouldn't see why not.
+1

45 Fan said:
I am going to say it is not 'openly carried' the word 'open' kind of suggests it is not covered in anyway or blocked from view. IWB holsters do hide the gun more then most OWB holsters.
I disagree. A holster covers about the same amount whether it's on or in the waistband.
The only part that shows in my OWB that wouldn't show IWB is the last 0.5" of the slide.

Gunhobbit said:
You'd *possibly* win the case, maybe even likely, but you would still end up paying your attorney a lot more than a good OWB holster would cost. Why take the risk?
To clarify what some see as an abiguous situation.
And in the resultant civil rights case, those damages could be part of the award or settlement.
 

WalkingWolf

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North Carolina
I am going to say it is not 'openly carried' the word 'open' kind of suggests it is not covered in anyway or blocked from view. IWB holsters do hide the gun more then most OWB holsters..

I disagree, and I don't like IWB holsters. The gun is covered by leather, canvas, plastic, or clothing the same part is visible(grip) on most setups. I don't like them because they are uncomfortable, and a pain for dropping drawers in the bathroom.
 

hermannr

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Joined
Mar 24, 2011
Messages
2,330
Location
Okanogan Highland
Anyone have any experience with it? I have been researching it to make sure it is ok legally and the only thing I can find in the ORS 166.250 is the part referring to "(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section."

Is an IWB holster considered a "belt holster"?

From what I see I would think, it is legal.

View attachment 10056

Well, here is an OWB holster, on a belt...how much difference is there in exposed PISTOL?

CZ cropped.jpg

There is no way this second pistol and holster can be worn IWB...how much exposed pistol do you see??? (check carefully, you can see the butt of that big 6" Colt...Holster is a custom Ross hunting holster for a 6" Python.)

Ross holster 002.jpg
 

We-the-People

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White City, Oregon, USA
Well, here is an OWB holster, on a belt...how much difference is there in exposed PISTOL?

View attachment 10081

There is no way this second pistol and holster can be worn IWB...how much exposed pistol do you see??? (check carefully, you can see the butt of that big 6" Colt...Holster is a custom Ross hunting holster for a 6" Python.)

View attachment 10082

I think the problem, before a court, where it would likely go, would be their determination of the intent of the legislature and their determination of the "reasonableness" of an officers actions in arresting you (the fourth amendment is all about REASONABLENESS under current stare decisis). Remember, the fourth amendment only protects us from UNREASONABLE searches and seizures and the Supreme Court has constructed a large number of "exceptions" to the fourth amendment......the automobile exception, exigent circumstances, reasonable suspicion, etc. etc. etc.
 

45 Fan

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Feb 17, 2012
Messages
127
Location
Oregon
It also isn't just about seeing the actual weapon...the iwb holster hides both parts of the holster and gun. They also tend to allow a shirt, even tucked in, to become obstructive. So, if you want to prove me wrong in court, feel free...but I wouldnt suggest trying it...unless you have a CHL...then who cares...
 

WalkingWolf

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North Carolina
It also isn't just about seeing the actual weapon...the iwb holster hides both parts of the holster and gun. They also tend to allow a shirt, even tucked in, to become obstructive. So, if you want to prove me wrong in court, feel free...but I wouldnt suggest trying it...unless you have a CHL...then who cares...

I am not sure about OR but in the rest of the country there have been people OCing with IWB holsters for a long time. Unless there is something in the law that outlaws IWB OCing it IS legal. What is not illegal is legal.
 

Gunhobbit

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I am not sure about OR but in the rest of the country there have been people OCing with IWB holsters for a long time. Unless there is something in the law that outlaws IWB OCing it IS legal. What is not illegal is legal.

Make sure you express that sentiment to the arresting officer, prosecutor, judge, and jury in simple words, so they understand. While, of course, being the above-described "test case.":D
 

WalkingWolf

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Make sure you express that sentiment to the arresting officer, prosecutor, judge, and jury in simple words, so they understand. While, of course, being the above-described "test case.":D

I have seen people OC IWB, there are members on this site who OC IWB. I personally find it uncomfortable, and as I carry a 51 navy with a 5.5 inch barrel it would really not be practical. BUT there have been several FL arrests for open carry/exposing firearm for just the weee bit of a firearm showing, not even the handle but a small portion of the barrel, or holster. That would indicate that if you can see the firearm(not just printing) it is not concealed. You should see what the definition of concealed is for your state. Here in NC I would be more concerned with a full flap holster than a IWB, even though a magistrate told me that it was OK.

Maybe you can provide a court case, or cite that is is illegal in your state? Again whatever is not illegal, is legal.
 

Gunhobbit

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Joined
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Messages
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Out by Pendleton
I have seen people OC IWB, there are members on this site who OC IWB. I personally find it uncomfortable, and as I carry a 51 navy with a 5.5 inch barrel it would really not be practical. BUT there have been several FL arrests for open carry/exposing firearm for just the weee bit of a firearm showing, not even the handle but a small portion of the barrel, or holster. That would indicate that if you can see the firearm(not just printing) it is not concealed. You should see what the definition of concealed is for your state. Here in NC I would be more concerned with a full flap holster than a IWB, even though a magistrate told me that it was OK.

Maybe you can provide a court case, or cite that is is illegal in your state? Again whatever is not illegal, is legal.


I've watched people run red lights.

Doesn't mean it's legal.

Just means they didn't get caught.

If you don't get caught or arrested - great! More power to you! It's not hurting anyone, as best I can tell, and as such shouldn't be an issue.

But keep your attorney's card handy, just to be on the safe side.

Oh.

Wait.

NC.

Not Oregon?

Never mind - different states, different rules. My mistake for not paying attention.
 
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